The frequently cited passage from Kaats v Caelers describing a 'step' as 'something in the nature of a formal step, at least a step taken by the litigant in the prosecution of the action, being a step required by the rules' is not a definition of 'step' under r 389 UCPR; it is merely an approximation, and a step need not be required by the rules. However, a consent order made at a case flow management review that is not itself complied with does not constitute a step where the order itself did not progress the action towards finalisation (majority view). A solicitor retained to advise on and prepare a property purchase contract has a duty, subject to the express terms of the retainer and the client's relevant knowledge and experience, to draw the client's attention to the absence of a finance condition, to identify the reasons why such a clause would be in the client's interest, and to seek specific instructions on the point.
The full text is available to signed-in members, including the 27 later cases that cite this judgment.
6 of the 27 citing cases carry a classified treatment. How each court treated it is available to signed-in members.